Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Benzene Convention, 1971 (No. 136) - India (Ratification: 1991)

1. The Committee takes note of the Government’s report including an extract of Schedule XX to Rule 114 of the Maharashtra Factories Rules, 1963.

2. Article 1 of the Convention. Notification of applicability. With reference to its previous direct request, the Committee notes that the Government has indicated that efforts are being taken to ensure that state governments issue the notifications required under section 85, subsection 1 of the Factories Act, 1948, to make the Act applicable to all premises where workers may be exposed to benzene or substances containing benzene. The Committee notes with interest the information that such notifications have been issued in the states of Chattisgarh, Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Punjab, Tamil Nadu, Uttaranchal, Uttar Pradesh and West Bengal. The Committee notes however that no such notification has yet been issued in the State of Goa, and that the Government has furnished state-wise details in this regard only in respect of 20 states in the country. The Committee requests the Government to clarify whether such notifications have been issued by the governments of states other than those referred to in the Government’s report where there are units manufacturing, handling or using benzene or substances containing benzene and to also clarify whether there are any such units in the State of Goa.

3. Article 10, paragraph 2. Provision of free medical examinations. With further reference to its previous direct request, the Committee notes with interest the information provided that the government of Maharashtra as well as the state governments of Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, Uttaranchal and West Bengal have adopted the schedule on benzene providing for medical examinations at the expense of the employer which substitutes the rules or orders required under section 87(c) of the Factories Act, 1948. The Committee further notes the confirmation that section 114 of the Factories Act, 1948, requires the provision free of charge of any arrangement or facility required to be provided by the employer under the provisions of the Act. Noting that only some states in India appear to have adopted the schedule on benzene providing for medical examinations at the expense of the employer and that the State of Chattisgarh has not adopted the schedule, the Committee requests the Government to indicate measures taken to ensure that the required schedule is adopted in the State of Chattisgarh and that workers at a nationwide level employed in work processes involving exposure to benzene or products containing benzene are entitled to pre-employment and periodic medical examinations, at the expense of the employer.